Who Is Liable for an Injury Caused by a Falling Object From a Construction Site?

While it might seem like a freak accident, every year, construction companies receive OSHA violations for falling objects that cause injuries. According to this government agency, “falls” pertain to anything that falls, whether that includes tools, building materials, equipment, or people. In other words, if you sustained an injury due to something that fell at a construction site or you took a bad fall due to something out of your control, you have an excellent chance of filing an insurance claim or suing the company that is responsible.

Falling objects can injure innocent bystanders. Therefore, if you were walking past a construction site and something dropped or thrown strikes you, it is essential that you speak with a personal injury lawyer right away. As long as you were not in an area roped off to the public, the construction company would likely carry the burden of the liability.

Although the construction company is the most likely target, you could go after other people and organizations as well. For instance, if a worker on the site intentionally threw something that hit you, that individual could also be legally liable. If a part broke from a piece of machinery used at the site and caused the injury and if the machinery were proven defective, then you could include the manufacturing company of that equipment as part of your claim or lawsuit.

At construction sites, several errors commonly occur that cause flying debris to injure someone. One example is insufficient barricades that do not keep pedestrians a safe distance from the site. Improper signage used to warn people to stay back is another mistake that can occur.

It is the site foreman’s responsibility to check all equipment before using it. If anything like a cord or hook has a defect, items lifted by a crane are at risk of falling. Even tools create a significant risk if they are not properly secured, especially for construction workers performing tasks on scaffolding or other high places.

For you to successfully win a personal injury lawsuit, your attorney must prove three specific things: first, that the defendant, whether the construction company, a worker, or manufacturer, failed to keep the site safe. Second, your attorney has to prove the defendant breached that responsibility. Third, he or she has to justify that the breach is what caused you physical harm.

With so many people involved with construction sites, including general contractors, sub-contractors, supervisors, owners, and so on, identifying the person or persons liable for an injury caused by a flying object becomes challenging. That is where you need to rely on the experience and expertise of a personal injury attorney. Working on your behalf, that individual will do a thorough investigation to find the problem and responsible party.

Whether you were someone just minding your business walking down the sidewalk or a worker who either fell or got struck by flying debris, with this type of injury, you need an excellent attorney on your side. That way, you target the correct person or company, making it possible for you to recover financially and get compensation for your medical bills as well as pain and suffering.

Posted on:
October 22nd, 2018

Category:
Construction